Vertigo & vestibular disorders decisions — 2024

The Veteran's gastric ulcer with erosive gastroduodenitis is granted an initial 20 percent rating.,Other service connection claims are remanded due to the need for additional medical opinions.

The Veteran's rating for migraine headaches was increased to 50 percent, effective from July 12, 2022.

The Board has determined that a remand is necessary to obtain an adequate VA examination regarding the current level of severity of the Veteran's service-connected BPPV, as the prior examination was internally inconsistent and inadequate for rating purposes.

The Board has decided that the Veteran's appeal regarding an increased rating for service-connected vertigo is remanded due to incomplete records and a need to obtain relevant medical evidence from private providers.

The Veteran's claims for service connection for various conditions are being remanded due to duty-to-assist errors.

The Veteran's claim for service connection for benign proximal positional vertigo with scarred tympanic membrane was received on June 10, 2013. The effective date is set at that time as the claim was received after separation from active service and no earlier date can be established due to lack of prior communication.

The Veteran's appeals for earlier effective dates and higher initial ratings for OSA, GERD, and vertigo have been dismissed due to the appellant's withdrawal of the appeal.

The Veteran's application for Legacy S-DVI was denied because he failed to provide a payment of premiums. The Board found that the Veteran did not meet the eligibility requirements for a waiver of premiums due to his employment status and total disability based on individual unemployability.

The Board has decided to remand the claims for compensation under 38 U.S.C. § 1151 for tinnitus and vertigo due to duty-to-assist errors, specifically failing to obtain VA treatment records associated with the claims file.

The Board has decided to remand three issues: the rating for PTSD, service connection for dizziness and vertigo, and service connection for a left foot disability. The Veteran's Social Security Administration records are needed to continue the review process.

The Veteran's claim for a compensable disability rating for service-connected genital warts was denied. The Board found that the evidence did not meet the criteria for a non-compensable rating under DC 7806. The claim of entitlement to service connection for Meniere's disease, as secondary to service-connected tinnitus, is remanded due to an error in the AOJ decision.

The Veteran's appeals for service connection for a cervical spine disorder, Meniere's disease, vertigo, right foot disability, and left foot disability are all denied.,Service connection is not granted as the evidence does not show current disabilities or a relationship to service.

The Veteran's migraine headaches, peripheral vestibular disability (claimed as vertigo), and overactive bladder are all found to be proximately due or aggravated by their respective service-connected conditions.

The Veteran's hearing loss disability is not compensable, as it does not meet the criteria for a higher rating under VA regulations.,Service connection for his vision disability and vertigo are remanded due to insufficient evidence in the record.

The Veteran withdrew his appeals for the issues of entitlement to a rating in excess of 10 percent for benign paroxysmal positional vertigo, entitlement to service connection for anemia, entitlement to service connection for left lower extremity sciatica, and entitlement to service connection for right lower extremity sciatica.